This is an action brought by the Attorney General of the United States seeking broad equitable relief against an alleged pattern of police brutality. On October 30, 1979, I issued an opinion and order dismissing most of the complaint's allegations for lack of standing. Included in the complaint, however, was the charge that the defendants had discriminated on the basis of race in the administration of federally funded programs. I concluded that the Attorney General did have standing to maintain a civil action for the purpose of preventing such discrimination, and I therefore retained jurisdiction over this one aspect of the complaint. United States v. City of Philadelphia, 482 F. Supp. 1248 at 1259 (E.D.Pa.1979). This holding, however, was strictly limited to the standing issue, and did not address the sufficiency of the discrimination charges. Id., n. 12.

The defendants have now moved to dismiss the remainder of the complaint under Fed.R.Civ.P. 12(b) on the ground that the allegations of discrimination have not been plead with sufficient specificity. For the second time in this litigation, I am persuaded that the defendants' position is correct.
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As a threshold matter, plaintiff has accurately pointed out that a motion under Rule 12(b) is not timely at this juncture since an answer has already been filed. I will therefore treat the instant motion as one for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c).
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See Local No. 1 (ACA) v. I. B. T., C., W. & H., 419 F. Supp. 263, 275 n. 15 (E.D.Pa.1976).

The present complaint does not satisfy this pleading standard. Most of the complaint is devoted to describing the policies and practices of defendants which are alleged to promote brutality in violation of the rights secured to All persons by the Constitution and civil rights laws of the United States. All of these allegations were dismissed by my order of October 30. We are now concerned Solely with the charge that defendants have discriminated on the basis of race in the administration of federally funded programs. The substance of the charge is contained in part of a single paragraph of the complaint. There it is alleged that "through these practices, policies, and procedures (set forth in paragraphs 29 through 42), persons within Philadelphia have been unlawfully subjected to discrimination on the grounds of race, color or national origin, and/or have been excluded on these grounds from participation in and/or receiving benefits from" federal financial assistance distributed under various federal statutes. See Complaint, P 48.

This charge amounts to nothing more than the naked allegation that the defendants are guilty of racial discrimination in administering federal funds used to help run Philadelphia's police department. Plaintiff has set forth almost no factual averments to support this charge.

In paragraphs 29 through 42, the complaint describes the policies, practices, and procedures which are said to foster police brutality in Philadelphia. Thus, for example, the plaintiff cites the unnecessary use of deadly force, the physical abuse of prisoners, the forceful extraction of confessions, and the conduct of illegal searches and seizures. Moreover, it is alleged that the police department fragments abuse investigations, suppresses evidence that might inculpate police officers, accepts implausible explanations of abusive conduct, and harasses complainants and witnesses. For the most part, however, there is no mention of racial discrimination in the pursuit of these improper practices. For example, there is no allegation that unwarranted arrests are made more frequently or that illegal searches and seizures occur more often with one race than with another.

It cannot be doubted that this case presents an enormous potential for causing "public officials, policemen and citizens alike considerable expense, vexation and perhaps unfounded notoriety." Quite naturally, this case has generated a great deal of publicity. At stake are the reputations of numerous individual defendants, some prominent and some obscure, as well as the public image of the entire Philadelphia Police Department. Surely, such a case demands specificity of pleading. If the charges contained in the complaint are frivolous, they should be dismissed at the earliest possible stage. On the other hand, if there is genuine substance to these serious allegations of racial discrimination, the public interest requires a speedy and expeditious adjudication. Specificity of pleading is essential if these important goals are to be served.
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Certainly a requirement of specificity works no hardship on the plaintiff. This is no more than the courts of the Third Circuit require of a prisoner, uncounselled and unlearned in the law with no investigators and only the most modest of legal resources, who brings a civil rights action. See, e.g., Gray v. Creamer, 465 F.2d 179, 182 n. 2 (3d Cir. 1972); Mayberry v. Somner, 480 F. Supp. 833, 836 (E.D.Pa.1979). The complaint in the instant case was signed by six government lawyers, including the Attorney General himself. Plaintiff's counsel have at their disposal the vast resources of the United States Department of Justice and have made no secret that the filing of their complaint was preceded by an eight-month investigation. Although their intent is not free of doubt, they appear to have charged the City of Philadelphia and 20 of its highest ranking officials with a particularly damaging form of discrimination. Surely it is not too much to ask that such a charge be plead with factual specificity: exact reference to events, dates, times, places, and individual defendants. This has not been attempted, much less accomplished. I conclude, therefore, that the remaining charges in this case must be dismissed in all respects for failure to plead with specificity.

In keeping with the instructions of the Court of Appeals, the plaintiff shall be given a reasonable opportunity to file an amended complaint. See Rotolo v. Borough of Charleroi, 532 F.2d 920, 923 (3d Cir. 1976). This opportunity for amendment, however, extends only to those aspects of the case dismissed for lack of specificity. Plaintiff may not replead any of the allegations dismissed for lack of standing by my opinion and order of October 30, 1979, since that dismissal was based on jurisdictional grounds.

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